The Case for the Right to Silence 2nd ed

This second edition of The Right to Silence (first published by Avebury in 1991) takes account of recent important changes, principally the Criminal Justice and Public Order Act of 1994, which has substantially amended the right to silence.

The text has been updated to take account of the report of the Royal Commission on Criminal Justice and the relevant research studies undertaken for the Commission

developments in Northern Ireland since 1991

challenges in the European Court of Human Rights to the infringement of the right to silence in relation to white collar crime

the background to the Criminal Justice and Public Order Act of 1994 – its history; provisions and implications

changes to the provisions regarding bodily samples in the Criminal Justice Act

The history and development of the law on the right to silence; proposals for reform - the debate on the right to silence; the right to silence in Nothern Ireland; the right to silence in modern conditions - the impact of PACE; the right to silence and the protection of the guilty; justifications of the right to silence - right versus utility; the priviledge against self-incrimination in the United States; bodily samples and the priviledge against self-incrimination; infringing and waiving the right to silence; miscarriages of justice.